1. (1) The use of physical force by a defendant upon another person is justifiable when the defendant believes that such force is immediately necessary to prevent:

   1. (a) The commission of criminal trespass, robbery, burglary, or other felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055, in a dwelling, building or upon real property in his or her possession or in the possession of another person for whose protection he or she acts;
   2. (b) Theft, criminal mischief, or any trespassory taking of tangible, movable property in his or her possession or in the possession of another person for whose protection he or she acts; or
   3. (c) The commission of unlawful camping in violation of KRS 511.110, when: 1. 2. 3. The offense is occurring on property owned or leased by the defendant; The individual engaged in unlawful camping has been told to cease; and The individual committing the offense has used force or threatened to use force against the defendant.

2. (2) The use of deadly physical force by a defendant upon another person is justifiable under subsection (1) of this section only when the defendant believes that the person against whom such force is used is:

   1. (a) Attempting to dispossess him or her of his or her dwelling otherwise than under a claim of right to its possession; or
   2. (b) Committing or attempting to commit a burglary, robbery, or other felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055, of such dwelling; or
   3. (c) Committing or attempting to commit arson of a dwelling or other building in his or her possession.
3. (3) A person does not have a duty to retreat if the person is in a place where he or she has a right to be.

Effective: July 15, 2024

History: Amended 2024 Ky. Acts ch. 174, sec. 21, effective July 15, 2024. -- Amended 2006 Ky. Acts ch. 192, sec. 5, effective July 12, 2006. -- Created 1974 Ky. Acts ch. 406, sec. 33, effective January 1, 1975.